On May 29, 2018 the U.S. Supreme Court issued a case involving a Fourth Amendment search of a motorcycle parked on the curtilage of a home. In Collins v. Virginia (8-1), SCOTUS held that a motorcycle parked in an enclosed area of a driveway was within the curtilage of the home and therefore was protected by the Fourth Amendment. Likewise, the automobile exception did not apply under these circumstances.

Under the facts of the case, on two different occasions, police officers sought to catch a similar-looking orange-and-black motorcycle with an extended frame after its driver was observed breaking traffic laws. Each time, the driver got away. On grounds not explained in the opinion, the police learned that the motorcycle was stolen and likely in the defendant’s possession. Naturally, the police went on Facebook, found the defendant’s (unprotected) Facebook posts, and, lo and behold, they discovered that the defendant’s “Facebook profile… featured an orange and black motorcycle parked at the top of the driveway…”

I’ll leave the Fourth Amendment details to the Collins v. Virginia opinion, which you can read here.

It is evident that law enforcement relies heavily on social media. Would-be (or soon-to-be) defendants “give away” a lot of evidence by posting information on their public social media profile. Social media does not provide privacy rights nor Fourth Amendment protections. You are giving away information for the purpose of dissemination. If you do not understand how to set the appropriate privacy settings, find someone who can help you. If you have social media discovery issues, and do not know if you can delete information or have questions as to your rights in a potential criminal or civil case, consult a knowledgeable lawyer licensed in your jurisdiction. Before hiring a lawyer, ask them about their specific experience with social media discovery issues and whether they have handled significant cases involving such issues.

SIMILAR NEWS

Have you checked your LinkedIn privacy settings? Don’t be fooled with a “I barely even used LinkedIn” attitude. Take 2 minutes. From the article below, here are the key steps: [easier if you have two screens, keep this open and then open your LinkedIn account on your second screen] 1. …

The Florida Supreme Court resolved a conflict between two intermediate appellate courts when it determined that a judge-lawyer “Facebook friend” relationship, alone, was not enough to warrant recusal of the judge. The Court deemed its position was the majority position around the country. However, four justices noted that caution, if …

Special thanks to the Palm Beach Bar Association for inviting me to speak at the CLE, “How to Get Your Claim Move-In Ready for Trial.” Space is still available and you can sign up here. My small portion of the event was to discuss Florida social media discovery as well …